`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`NETFLIX, INC.,
`Petitioner,
`
`v.
`
`GoTV Streaming, LLC,
`Patent Owner.
`_______________
`
`Case IPR2023-00758
`Patent 8,478,245
`_______________
`
`PETITIONER’S UNOPPOSED MOTION FOR ADMISSION PRO HAC
`VICE OF STEPHEN A. MARSHALL
`
`
`
`IPR2023-00758
`Patent 8,478,245
`I. RELIEF REQUESTED
`Pursuant to 37 C.F.R. § 42.10, Patent Owner Netflix, Inc., (“Netflix”)
`
`requests that the Board admit Stephen A. Marshall pro hac vice in this proceeding.
`
`II. STATEMENT OF FACTS SHOWING GOOD CAUSE FOR THE
`BOARD TO RECOGNIZE COUNSEL PRO HAC VICE DURING
`THE PROCEEDING
`In accordance with 37 C.F.R. § 42.10(c), the Board may recognize counsel
`
`pro hac vice during a proceeding upon a showing of good cause, subject to the
`
`condition that lead counsel be a registered practitioner and to any other conditions
`
`as the Board may impose. “[W]here lead counsel is a registered practitioner, a
`
`motion to appear pro hac vice may be granted upon a showing that counsel is an
`
`experienced litigation attorney and has an established familiarity with the subject
`
`matter at issue in the proceeding.” § 42.10(c). The facts, supported by the attached
`
`Declaration of Stephen A. Marshall in Support of Motion for Admission Pro Hac
`
`Vice (Paper 17), here establish good cause for the Board to recognize Stephen A.
`
`Marshall pro hac vice during this proceeding.
`
`1. Lead counsel, Aliza George Carrano, is a registered practitioner.
`
`2. Counsel, Stephen A. Marshall, is a Partner in the Intellectual Property Group
`
`at Willkie, Farr & Gallagher, LLP, and has been in the private practice of patent
`
`litigation for more than 17 years. Exhibit 1025, ¶ 8. He has an established
`
`familiarity with the legal issues involved in these proceedings based on his years of
`
`experience litigating patents. Id.
`
`- 2 -
`
`
`
`IPR2023-00758
`Patent 8,478,245
`3. Mr. Marshall is a member in good standing of the Bars of the
`
`Commonwealth of Massachusetts and the District of Columbia, and is admitted to
`
`the United States District Court for the Eastern District of Texas, United States
`
`District Court for the Western District of Texas, United States District Court for
`
`the Eastern District of Wisconsin, United States District Court for the District of
`
`Massachusetts, United States Court of Appeals for the First Circuit, United States
`
`Court of Appeals for the Federal Circuit, and United States Court of Federal
`
`Claims. Id. at ¶ 1.
`
`4. Mr. Marshall is concurrently applying to appear pro hac vice before the
`
`Office in IPR2023-00757 and IPR2023-00759, and in unrelated proceedings
`
`IPR2023-00628, IPR2023-00630, and IPR2023-00891. Id. at ¶ 7. He has not
`
`applied to appear pro hac vice in any other proceedings before the Office in the last
`
`three (3) years. Id.
`
`5. Mr. Marshall is familiar with the subject matter and Petition at issue in this
`
`proceeding, including the patent, its prosecution history, and the identified
`
`references. Id. at ¶ 9. He represents Netflix, Inc. in the following case, which is
`
`related to and involves the same patent at issue in this proceeding: GoTV
`
`Streaming LLC v. Netflix, Inc., No. 2:22-cv-07556-RGK (C.D. Cal.) (filed October
`
`17, 2022). Id.
`
`- 3 -
`
`
`
`IPR2023-00758
`Patent 8,478,245
`6. Mr. Marshall has not been suspended or disbarred from practice before any
`
`court or administrative body. Id. at ¶ 2. He has never had an application for
`
`admission to practice before any court or administrative body denied. Id. at ¶ 3.
`
`No sanction or contempt citation has been imposed against me by any court or
`
`administrative body. Id. at ¶ 4. He has read and will comply with the Office
`
`Patent Trial Practice Guide and the Board’s Rules of Practice for Trials, as set forth
`
`in Part 42 of 37 C.F.R. Id. at ¶ 5. He agrees to be subject to the United States
`
`Patent and Trademark Office Rules of Professional Conduct set forth in 37 C.F.R.
`
`§§ 11.101 et seq. and disciplinary jurisdiction under 37 C.F.R. § 11.19(a). Id. at ¶
`
`6.
`
`III. CONCLUSION
`
`For the foregoing reasons, Netflix respectfully requests that the Board admit
`
`Stephen A. Marshall pro hac vice in this proceeding.
`
`Dated: December 19, 2023
`
`Respectfully submitted,
`
` /s/ Aliza George Carrano
`Aliza George Carrano (Reg. No. 70,637)
`Indranil Mukerji (Reg. No. 46,944)
`J. Christopher Moulder (Reg. No. 70,490)
`WILLKIE FARR & GALLAGHER
`1875 K Street, N.W.
`Washington, DC 20006-1238
`Counsel for Petitioner
`
`- 4 -
`
`
`
`IPR2023-00758
`Patent 8,478,245
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6 the undersigned certifies that on December 19,
`
`2023 a copy of the foregoing document was served by email upon the following:
`
`Joshua S. Wyde
`jwyde@aatriallaw.com
`
`Steven T. Jugle
`sjugle@aatriallaw.com
`
`IPR2023-00758@aatriallaw.com
`
` /s/ Aliza George Carrano
`Aliza George Carrano
`
`- 5 -
`
`
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